Open University of Mauritius

LLB (HONS) [OUba029]

BA (HONS) LAW AND MANAGEMENT [OUba032]

EXAMINATIONS FOR: January 2022

MODULE: Labour Law and Industrial Relations
[OUba029315] / [OUba032314]
DATE: Thursday 27 January 2022
DURATION: 3 Hours

INSTRUCTIONS TO CANDIDATES
1. This question paper consists of Section A and Section B.
2. Section A is COMPULSORY. Answer both questions in
Section A.
3. Answer ANY THREE (3) questions from Section B.
4. Always start a new question on a fresh page.
5. Total Marks: 100.
This question paper contains 7 questions and 3 pages.

Page 1 of 3
 SECTION A

COMPULSORY

QUESTION 1 [15 MARKS]

Study the facts of the case and answer the question below.

Robert who has worked for 15 months in a company called Prior Products Ltd, is given
2 days’ notice of dismissal for reason of poor performance.

Write a report to the Management of Prior Products Ltd advising the procedures to be
adopted before terminating the service of a worker for poor performance as prescribed
in the Employment Relations Act 2019 and Workers’ Rights Act 2019.

Use case law to support your argument.

QUESTION 2 [25 MARKS]

Read the facts of the case and answer the question below:

Bill was a senior manager at Mount Hotel. Four weeks ago, Bill invited two of his
friends from outside for a drink at the back of the hotel. A security guard came and
drew the attention of Bill on the alcohol policy of the hotel which states that anyone
found drinking on the hotel premises will be guilty of gross misconduct whereupon Bill
remonstrated and threatened to terminate the service s of the guard.

At the disciplinary hearing it was alleged that Bill was drunk and abusive. At the
hearing Bill’s boss declined to give any explanation stating that he was still
investigating the incident, and also refused Bill to call any witness.

Bill has now received a letter terminating his services for serious misconduct.

As the legal advisers of Mount Hotel discuss the way the disciplinary hearing was
conducted, and with reference to the provisions of Workers’ Rights Act 2019 and the
Employment Relations Act 2019, discuss the procedural fairness of the termination.

Use case law to support your argument.

Page 2 of 3
 SECTION B

ANSWER ANY THREE (3) QUESTIONS

QUESTION 3 [20 MARKS]

Explain to a prospective worker the various types of agreements he may enter with
an employer.

QUESTION 4 [20 MARKS]

Write short notes on

(a) Equal remuneration for work of equal pay.

(10 marks)

(b) The conditions regulating the payment of remuneration to a worker.

(10 marks)

QUESTION 5 [20 MARKS]

While negotiating for a salary increase, what are principles of good faith collective
bargaining that a negotiator would adopt, and which are the principles of bad faith
collective bargaining that he should avoid? Discuss.

QUESTION 6 [20 MARKS]

What are the functions and statutory rights of a Trade Union.

QUESTION 7 [20 MARKS]

State and describe six statutory rights of a worker.

Page 3 of 3